2009 THE LEGISLATIVE ASSEMBLY FOR THE AUSTRALIAN CAPITAL TERRITORY (As presented) (Attorney-General) Justice and Community Safety Legislation Amendment Bill 2009 (No 4) Contents Page 1 Name of Act 2 2 Commencement 2 3 Legislation amended 2 Schedule 1 Legislation amended 3 Part 1.1 ACT Civil and Administrative Tribunal Act 2008 3 Part 1.2 ACT Civil and Administrative Tribunal (Transitional Provisions) Regulation 2009 4 Part 1.3 Legal Profession Act 2006 4 J2009-778 Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] Page Part 1.4 Magistrates Court Act 1930 6 Part 1.5 Security Industry Act 2003 6 Part 1.6 Security Industry Regulation 2003 7 Part 1.7 Trustee Companies Act 1947 8 Part 1.8 Utilities Act 2000 11 contents 2 Justice and Community Safety Legislation Amendment Bill 2009 (No 4) Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] THE LEGISLATIVE ASSEMBLY FOR THE AUSTRALIAN CAPITAL TERRITORY (As presented) (Attorney-General) Justice and Community Safety Legislation Amendment Bill 2009 (No 4) A Bill for An Act to amend legislation about justice and community safety The Legislative Assembly for the Australian Capital Territory enacts as follows: J2009-778 Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] 1 1 Name of Act 2 This Act is the Justice and Community Safety Legislation 3 Amendment Act 2009 (No 4). 4 2 Commencement 5 (1) The following provisions commence on a day fixed by the Minister 6 by written notice: 7 · schedule 1, part 1.5 (Security Industry Act 2003) 8 · schedule 1, part 1.6 (Security Industry Regulation 2003) 9 · schedule 1, part 1.7 (Trustee Companies Act 1947). 10 Note 1 The naming and commencement provisions automatically commence on 11 the notification day (see Legislation Act, s 75 (1)). 12 Note 2 A single day or time may be fixed, or different days or times may be 13 fixed, for the commencement of different provisions (see Legislation 14 Act, s 77 (1)). 15 (2) The remaining provisions commence on the later of-- 16 (a) the commencement of the Justice and Community Safety 17 Legislation Amendment Act 2009 (No 3), part 1.2 (ACT Civil 18 and Administrative Tribunal (Transitional Provisions) 19 Regulation 2009); and 20 (b) the day after this Act's notification day. 21 (3) If a provision of this Act has not commenced within 2 years 22 beginning on its notification day, it automatically commences on the 23 first day after that period. 24 (4) The Legislation Act, section 79 (Automatic commencement of 25 postponed law) does not apply to this Act. 26 3 Legislation amended 27 This Act amends the legislation mentioned in schedule 1. page 2 Justice and Community Safety Legislation Amendment Bill 2009 (No 4) Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] ACT Civil and Administrative Tribunal Act 2008 Part 1.1 Amendment [1.1] 1 Schedule 1 Legislation amended 2 (see s 3) 3 Part 1.1 ACT Civil and Administrative 4 Tribunal Act 2008 5 [1.1] New section 115D 6 in part 9A, insert 7 115D Territory entities to pay amounts to ACAT trust account 8 (1) This section applies if-- 9 (a) a territory entity makes an application to the ACAT in a 10 quarter; and 11 (b) no filing fee is paid for the application because of the operation 12 of the Legislation Act, section 121 (Binding effect of Acts). 13 (2) The territory entity must, at the end of the quarter, pay to the ACAT 14 trust account an amount equal to the filing fee for the application. 15 (3) In this section: 16 territory entity includes-- 17 (a) the Territory; or 18 (b) a Minister; or 19 (c) an administrative unit; or 20 (d) a territory instrumentality; or 21 (e) any other territory authority. Justice and Community Safety Legislation Amendment Bill page 3 2009 (No 4) Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] Part 1.2 ACT Civil and Administrative Tribunal (Transitional Provisions) Regulation 2009 Amendment [1.2] 1 [1.2] Divisions 30.2 to 30.7 2 omit 3 Part 1.2 ACT Civil and Administrative 4 Tribunal (Transitional Provisions) 5 Regulation 2009 6 [1.3] Section 67 7 omit 8 [1.4] Schedule 3 9 omit 10 [1.5] Schedule 4 11 omit 12 [1.6] Schedule 5 13 omit 14 Part 1.3 Legal Profession Act 2006 15 [1.7] New section 423A 16 insert 17 423A Restriction on publication of certain identifying material 18 from application 19 (1) A person must not publish an account or report of an application 20 under this part if the account or report-- 21 (a) discloses the identity of the person who is the subject of the 22 complaint to which the application relates (the person 23 concerned); or page 4 Justice and Community Safety Legislation Amendment Bill 2009 (No 4) Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] Legal Profession Act 2006 Part 1.3 Amendment [1.7] 1 (b) allows the identity of the person concerned to be worked out. 2 (2) However, the identity of the person concerned may be disclosed in 3 an account or report of the application if-- 4 (a) a final decision has been made that the person concerned is 5 guilty of the conduct complained of; and 6 (b) either-- 7 (i) the appeal period has ended and no appeal has been 8 made; or 9 (ii) any appeal has been decided against the person 10 concerned. 11 (3) In this section: 12 appeal means an appeal from a decision by the tribunal under the 13 ACT Civil and Administrative Tribunal Act 2008, section 79. 14 appeal period means the period within which an appeal may be 15 made. 16 Note See the Court Procedures Rules 2006, r 5052 (Appeals to Supreme 17 Court--general powers) and r 5103 (Appeals to Supreme Court--time 18 for filing notice of appeal). Justice and Community Safety Legislation Amendment Bill page 5 2009 (No 4) Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] Part 1.4 Magistrates Court Act 1930 Amendment [1.8] 1 Part 1.4 Magistrates Court Act 1930 2 [1.8] New section 266B 3 in part 4.2, insert 4 266B Enforcement of ACT Civil and Administrative Tribunal 5 order--representation 6 (1) This section applies if a person (the first person)-- 7 (a) was represented in an application in the ACAT by someone 8 else (the second person) under the ACT Civil and 9 Administrative Tribunal Act 2008, section 30; and 10 (b) the ACAT made a money order or non-money order in favour 11 of the first person; and 12 (c) the first person enforces the order in the Magistrates Court 13 under the Court Procedures Rules 2006, part 2.18 14 (Enforcement). 15 (2) The second person may represent the first person in the enforcement 16 proceeding in the Magistrates Court. 17 Part 1.5 Security Industry Act 2003 18 [1.9] New section 21 (1) (a) (iia) 19 insert 20 (iia) for an application for an employee licence--the applicant has 21 obtained appropriate information from an employee 22 organisation about workplace rights and responsibilities under 23 Commonwealth and territory law relevant to people in the 24 security industry; and 25 Examples--workplace rights and responsibilities 26 · minimum wages and conditions page 6 Justice and Community Safety Legislation Amendment Bill 2009 (No 4) Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] Security Industry Regulation 2003 Part 1.6 Amendment [1.10] 1 · employment agreements 2 · termination of employment agreements 3 · workplace safety 4 Note 1 Employee organisation--see the dictionary. 5 Note 2 An example is part of the Act, is not exhaustive and may extend, 6 but does not limit, the meaning of the provision in which it 7 appears (see Legislation Act, s 126 and s 132). 8 [1.10] Dictionary, new definition of employee organisation 9 insert 10 employee organisation means an organisation of employees 11 registered under the Fair Work (Registered Organisations) Act 2009 12 (Cwlth). 13 Note A reference to a law (including a Cwlth Act) includes a reference to the 14 Act as originally made and as amended (see Legislation Act, s 102). 15 Part 1.6 Security Industry Regulation 16 2003 17 [1.11] New section 7B 18 insert 19 7B Information to accompany employee licence 20 application--Act, s 17 (3) (b) 21 For an application for an employee licence--an application must be 22 accompanied by a certificate from an employee organisation 23 certifying that the information under the Act, section 21 (1) (a) (iia) 24 has been provided to the applicant. Justice and Community Safety Legislation Amendment Bill page 7 2009 (No 4) Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] Part 1.7 Trustee Companies Act 1947 Amendment [1.12] 1 Part 1.7 Trustee Companies Act 1947 2 [1.12] Section 3A 3 omit 4 [1.13] Section 18 5 omit 6 [1.14] Section 18A 7 omit 8 [1.15] Section 18B 9 omit 10 [1.16] Section 21 11 omit 12 [1.17] Section 22 13 omit 14 [1.18] Section 24 15 omit 16 [1.19] Section 25 17 omit 18 [1.20] Section 25A 19 omit 20 [1.21] Section 25B 21 omit page 8 Justice and Community Safety Legislation Amendment Bill 2009 (No 4) Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] Trustee Companies Act 1947 Part 1.7 Amendment [1.22] 1 [1.22] Section 25C 2 omit 3 [1.23] Section 25D 4 omit 5 [1.24] Section 25E 6 omit 7 [1.25] Section 25F 8 omit 9 [1.26] Section 25G 10 omit 11 [1.27] Section 25H 12 omit 13 [1.28] Section 25I 14 omit 15 [1.29] Section 25J 16 omit 17 [1.30] Section 26 18 omit 19 [1.31] Section 27 20 omit 21 [1.32] Section 28 22 omit Justice and Community Safety Legislation Amendment Bill page 9 2009 (No 4) Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] Part 1.7 Trustee Companies Act 1947 Amendment [1.33] 1 [1.33] Section 29 2 omit 3 [1.34] Section 30 4 omit 5 [1.35] Section 31 6 omit 7 [1.36] Section 31A 8 omit 9 [1.37] Section 31B 10 omit 11 [1.38] Section 34 12 omit 13 [1.39] Section 34A 14 omit 15 [1.40] Section 36 16 omit 17 [1.41] New section 37 18 insert 19 37 Transitional--def trustee company 20 (1) For this Act, a trustee company includes a company authorised 21 under a law of a State or Territory to act as executor, administrator 22 and trustee in the State or Territory immediately before 23 1 January 2010. page 10 Justice and Community Safety Legislation Amendment Bill 2009 (No 4) Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] Utilities Act 2000 Part 1.8 Amendment [1.42] 1 (2) This section expires-- 2 (a) 12 months after the day it commences; or 3 (b) if, before 12 months after the day it commences, another day is 4 prescribed by regulation--on that day. 5 [1.42] Schedule 1 6 omit 7 [1.43] Dictionary, definition of trustee company 8 substitute 9 trustee company means a company prescribed under the 10 Corporations Act, section 601RAB. 11 Note A reference to a law (including a Cwlth Act) includes a reference to the 12 Act as originally made and as amended (see Legislation Act, s 102). 13 Part 1.8 Utilities Act 2000 14 [1.44] Section 45 (2) 15 substitute 16 (2) The annual licence fee for a particular utility is the amount 17 considered by ICRC to be a reasonable contribution towards the 18 costs incurred, or expected to be incurred-- 19 (a) by the following in the exercise of functions, in the ACT or 20 elsewhere, in relation to utility services: 21 (i) ICRC; 22 (ii) the chief executive under part 5 (Technical regulation) on 23 behalf of the Territory; and 24 (b) by the ACAT in hearing and deciding matters to which a utility 25 is a party. Justice and Community Safety Legislation Amendment Bill page 11 2009 (No 4) Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] 1 Presentation speech Presentation speech made in the Legislative Assembly on 2009. 2 Notification Notified under the Legislation Act on 2009. 3 Republications of amended laws For the latest republication of amended laws, see www.legislation.act.gov.au. © Australian Capital Territory 2009 page 12 Justice and Community Safety Legislation Amendment Bill 2009 (No 4) Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au